International Journal of Sociology, Social Anthropology and Social Policy
Year : 2016, Volume : 2, Issue : 2
First page : ( 37) Last page : ( 45)
Print ISSN : 0000-000X. Online ISSN : 2454-4833.

Right to Private Defense; A Legal Study

Dr. Mithra

Asst. Professor, SV college of Law, Orissa

Online published on 7 February, 2019.

Abstract

Today, the liberal democratic state still recognises this inalienable right of an individual to protect himself and his property himself and his property in the face of danger.¹ This departs from the monopoly over violence which the state has retained in the sense that under every circumstance, it is the state alone that is justified in using force, or punishing the wrongdoer.² The law relating to self defence is thus a mere extension of the principle of necessity, the test or a reasonable exercise of self defence being a clear and present danger, the imminence of harm to either person or property, and the consequent necessity to protect the self or one's property. This is in consonance with a basic aim of criminal law which is to safeguard conduct that is without fault from condemnation as criminal.

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